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Habitual Traffic Offender

Charges for driving under suspension, denial, and or revocation become more serious if your driving privileges are also revoked as a habitual offender. The five (5) year habitual offender revocation is required by C.R.S. § 42-2-205.

The habitual traffic offender designation means that charges for driving on a revoked license, might be filed under section 42-2-206, C.R.S.

Colorado law includes two versions of driving with a revoked license (HTO). The regular version of being HTO is found in subsection (1) for the 30-day mandatory minimum jail sentence. Alternatively, the aggravated version of HTO is found in subsection (2) for the 60-day mandatory minimum jail sentence.

Both versions of HTO are Class 1 Misdemeanors instead of traffic misdemeanors.

Denver Lawyer for Habitual Traffic Offenders

If you were accused of driving while your driver’s license was revoked as a habitual traffic offender, then contact an experienced criminal defense attorney at Law Office of Matthew A. Martin, P.C..

With offices in Denver, Colorado, attorney Matthew Martin helps clients fight the charges in Denver, and the surrounding areas in the Front Range region including:

    • Brighton in Adams County
    • Centennial and Littleton in Arapahoe County
    • Boulder and Longmont in Boulder County
    • Broomfield in Broomfield County
    • Castle Rock in Douglas County
    • Golden in Jefferson County

Matthew Martin can also help you fight charges of aggravated driving with an HTO revocation.

Call (303) 725-0017.

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Elements of Driving on a HTO Five (5) Year Revocation

The elements of the offense require proof that:

  • the driver was under a habitual offender revocation;
  • the driver had knowledge of such status; and
  • the driver was operating a vehicle.

An HTO conviction does not require proof of a specific traffic violation, but only that the defendant was operating a vehicle.

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Elements of Aggravated Driving with a HTO Revocation

If the driver is accused of also committing any of the following traffic violations while driving under a habitual offender revocation, then the defendant might be charged with aggravated driving with a revoked
license. Those qualifying traffic violations include:

  • Reckless Driving;
  • Vehicular Eluding under Title 18;
  • Eluding or Attempted Eluding under Title 42;
  • Any version of Hit and Run.

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What Triggers the Habitual Traffic Offender Five Year Revocation?

The designation of being a habitual traffic offender as found in section 42-2-202, C.R.S. are triggered by accumulating convictions for separate and distinct offenses, on separate dates, in the following manner:

  • Within a seven (7) year period, accumulating three or more violations that result in convictions of any of the following:
    • DUI, DWAI, or DUI per se;
    • Reckless Driving;
    • DUS;
    • DUR;
    • DUD;
    • False Affidavit or Swearing;
    • Vehicular Assault;
    • Vehicular Homicide;
    • Manslaughter;
    • Criminally Negligent Homicide or aggravated motor vehicle theft; or
    • Hit and Run;
  • Within a five (5) year period, ten (10) or more convictions involving moving violations which provide for the assessment of four (4) or more points each; or
  • Within a five (5) year period, (18) eighteen or more convictions involving moving violations which provide for the assessment of three (3) or less points each.

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Additional Resources

Reinstate Your License – Visit the official website of the Colorado DMV to learn how you can get your license reinstated. Access the site to learn the process, what forms you may need, how to contact the DMV, and who cannot qualify to reinstate their license.

Colorado Revised Statutes | Habitual Traffic Offenders – Visit the official website for the Colorado Revised Statutes to read up on their laws for habitual traffic offenders. Access the site to see how one becomes an HTO, the effects of being labeled an HTO, and how you can get rid of an HTO status.

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HTO Denver Defense Attorney, CO

If you or someone you know has been labeled as an HTO by the DMV, get in contact with Law Office of Matthew A. Martin, P.C.. Matthew Martin has two decades of experience as prosecutor and defense lawyer. His prior work experience provides him with valuable insight into the prosecution you may not find elsewhere. To get started on your traffic crime defense as soon as possible, call Law Office of Matthew A. Martin, P.C..

You can reach Law Office of Matthew A. Martin, P.C. by calling our number at (303) 725-0017 today. Law Office of Matthew A. Martin, P.C. has locations in Denver and assists clients in nearby counties including Douglas County, Jefferson County, Adams County, Boulder County, Broomfield County, and Arapahoe County.

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